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Right of way

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feebee102 | 17:24 Mon 23rd Apr 2007 | Law
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Hi.
My neighbour (who we don't get on with),has access to the side of her house to do any routine maintenance.
Her house actually comes into our garden,there are no border fences etc.
The thing is we appreciate that she does have access but how many times a year.She has got into the habit of just letting herself into the garden without permission to show workmen etc any thing she needs doing.On one occasion she let herself in and our dog was loose(Jack russell) and he jumped up at her and nipped her.She threatened to have him killed.
Today I was sat at the window and she casually walked passed,let herself in through the gate(big farm gate) to do somthing on her fence,she now has her boyfriend doing the same.She saw me and didn't even ask.
Is there something we can do about it.?
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I would imagine she would need to give you notice before entering your property and you are perfectly entitled to keep your gate locked!!
Gather evidence and file a trespass suit.
If your neighbour does actually have a right of way, and the deeds of your house will tell you this, then she has the right to access whenever she wants and I believe you shouldn't obstruct the right of way - certainly not with a locked gate. Your solicitor should have advised you on this when you purchased the property.
The way I see it, is the neighbour only has right of way to maintain her property not to come and go as she pleases!!

I think you can lock the gate and insist on advance notice except in an emergency!!

Or buy a bigger dog!!!
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I do have a bigger dog 4 Great Danes but they where not out on that day.
Thanks for everyones advice,I think it calls for a large padlock.
perhaps she thinks its better not to bother you by knocking and asking, when all you will do is say yes...?

we used to be irritated by kids in our street who would knock and ask if they could get their ball from the front garden, quite a few times a day - they had to walk past the ball to ask, and obviously we were going to say yes.
i know they were just being polite and they were good kids, but after a while we just said, no need to knock, just get it.

all are happy

do you think she is doing the same by just not wanting to keep bothering you with it?

also she is entitled to work on her building as much as she likes and obviously there is a problem if she keeps having it looked at, so maybe she figured she was saving you being interrupted...?

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